SUTTON v. UNITED STATES OF AMERICA
MEMORANDUM AND ORDER that within forty-five (45) days of the date of the entry of this Order, the United States shall electronically file and serve an answer. Signed by Judge Robert B. Kugler on 5/11/2017. (tf, n.m.)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civ. No. 16-3686 (RBK)
MEMORANDUM AND ORDER
UNITED STATES OF AMERICA,
Petitioner is proceeding through counsel with a motion to vacate, set aside or correct his
sentence pursuant to 28 U.S.C. § 2255. In accordance with Rule 4(b) of the Rules Governing
Section 2255 Proceedings, see 28 U.S.C. § 2255 Rule 4(b), the Court has screened the motion for
dismissal and determined that dismissal without an answer and a reply is not warranted.
Accordingly, IT IS this 11th day of May, 2017,
ORDERED that within forty-five (45) days of the date of the entry of this Order, the
United States shall electronically file and serve an answer to the § 2255 motion (Dkt. No. 1); and
it is further
ORDERED that the answer shall respond to the allegations and grounds of the motion
and shall adhere to Rule 5 of the Rules Governing Section 2255 Proceedings; and it is further
ORDERED that the answer shall address the merits of each claim raised in the motion as
well as whether the motion is timely; and it is further
ORDERED that the answer shall contain an index of exhibits; and it is further
ORDERED that if the answer refers to briefs or transcripts, orders, and other documents
from prior proceedings, then the United States shall serve and file them with the answer; and it is
ORDERED that petitioner may serve and file a reply to the answer within forty-five (45)
days after the answer is filed.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
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